Page No.# 1/4 GAHC010274542024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/2/2025 KARUNA DEKA AND ANR. S/O- DHIREN CHANDRA DEKA 2: DAULESWAR DEKA S/O- LATE SONARAM DEKA @ NARO DEKA BOTH ARE R/O VILLAGE BONGALTOLA UNDER RAMDIA MOUZA P.S- HAJO DIST- KAMRUP ASSAM PIN-78110 VERSUS MAHESH DAS AND 7 ORS. S/O- LATE RATNESWAR DAS 2:MAHESH DAS S/O- LATE RATNESWAR DAS R/O VILLAGE BONGALTOLA UNDER RAMDIA MOUZA P.S- HAJO DIST- KAMRUP ASSAM PIN-781102 3:FUKAN DAS S/O- LATE RATNESWAR DAS R/O VILLAGE BONGALTOLA UNDER RAMDIA MOUZA P.S- HAJO Page No.# 2/4 DIST- KAMRUP ASSAM PIN-781102 4:GOLAPI DEKA D/O- LATE RATNESWAR DAS R/O VILLAGE BONGALTOLA UNDER RAMDIA MOUZA P.S- HAJO DIST- KAMRUP ASSAM PIN-781102 5:AJOY DEKA S/O- SUREN DEKA R/O VILLAGE BONGALTOLA UNDER RAMDIA MOUZA P.S- HAJO DIST- KAMRUP ASSAM PIN-781102 6:JAGAT DEKA S/O- UTTAM DEKA R/O VILLAGE BONGALTOLA UNDER RAMDIA MOUZA P.S- HAJO DIST- KAMRUP ASSAM PIN-781102 7:DHARMA KANTA BHARALI S/O- BHABEN BHARALI R/O VILLAGE BONGALTOLA UNDER RAMDIA MOUZA P.S- HAJO DIST- KAMRUP ASSAM PIN-781102 8:NRIPEN DAS S/O- LATE RATNESWAR DAS R/O VILLAGE BONGALTOLA Page No.# 3/4 UNDER RAMDIA MOUZA P.S- HAJO DIST- KAMRUP ASSAM PIN-78110 Advocate for the Petitioner : MR. B K BHAGAWATI, MR B S DEKA,MR. N K DAS Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 06.01.2025 Heard Mr. B. K. Bhagawati, learned counsel for the petitioner. In this petition, under Article 227 of the Constitution of India, the petitioner has put to challenged the correctness or otherwise of the Order dated 10.09.2024, passed by the learned Civil Judge (Senior Division), Kamrup, Amingaon in Title Suit No. 64/2024. It is to be noted here that vide impugned Order dated 10.09.2024, the learned trial Court has dismissed the petition Petition No. 2917/2024, filed by the petitioner for granting another date for filing written statement. Mr. Bhagawati, learned counsel for the petitioner submits that the petitioner could not file the written statement on the ground of non-availability of some documents and prayed for time. But, the learned trial Court had dismissed the petition, vide impugned order dated 10.09.2024, as that was the 90th day from the date of receipt of summons from the Court. Mr. Bhagawati, further submits that in the meantime, the petitioner has obtained the relevant documents and within a week he will able to file written statement. And therefore, it is contended to set aside the impugned order and Page No.# 4/4 to allow the petitioner to file written statement and also to direct the learned trial Court to accept the same. Having heard the submission of learned counsel for the petitioner, I have carefully gone through the petition and the documents placed on record and also perused the order dated 10.09.2024, it appears that the learned trial Court has rejected the petition on the 90th day of filing of written statement. It is well settled in catena of the decision of Hon’ble Supreme Court that the rule of filing written statement within a period of 90 days is not an inflexible Rule. Reference may be made to a decision in the case of Salem Advocate Bar Association, Tamil Nadu Vs. Union of India [(2005) 6 SCC 344] ]. Taking note of the submission of learned counsel for the petitioner and also considering the facts and circumstances of the record, and the proposition of law presently occupying the field, this Court is inclined to allow this petition. The impugned order dated 10.09.2024, stand set aside and quashed. The petitioner is directed to file the written statement on or before 24.01.2025, and in the event to filing the written statement the learned trial Court shall accept the same and thereafter proceed with the suit in accordance with law. JUDGE Comparing Assistant